Question
MSM Wireless solutions operates several stores in the greater Toronto area in which they sell mobile phones and mobile phone plans. Harry Truong is employed
MSM Wireless solutions operates several stores in the greater Toronto area in which they sell mobile phones and mobile phone plans. Harry Truong is employed to one of the locations operated by MSM as a salesperson. MSM offers discounts to employees of several companies. The discount programme is known as "AFIL". In the past, there were instances where persons wrongfully claimed to be entitled to the discount and so MSM trained all of its employees in fraud detection. One day, Harry was alone in the store when Nigel entered and indicated that he wanted to purchase a phone and a mobile plan. It had been a slow morning and Nigel was the first customer. Harry suspected that Nigel was attempting to defraud MSM by seeking an AFIL discount when he was not entitled to it. Harry asked Nigel to provide information to support the validity of his entitlement to the discount. In response, Nigel became upset, raised his voice, and swore (cursed) at Harry. Harry found Nigel's behaviour to be "rude and aggressive" and "threatening". Nigel called Harry a slang word used in connection with Asians. In return, Harry called Nigel a thief and a pedophile. Nigel told Harry this was not true as he, Nigel, was a well-respected Professor at the local university. The argument escalated and Harry asked Nigel to leave the store. Nigel told Harry that if Harry wanted him out, he would have to put him out. The argument continued to escalate. Nigel had an empty coffee cup in his hand and threw it at Harry. The cup did not hit Harry but this caused him to get angry and he jumped across the counter and hit Nigel several times in his face. Nigel became unconscious and Harry called an ambulance.
Jian was the driver of the ambulance. He was addicted to video games and had spent the entire night playing Fortnite. He was very tired and was yawning as he was driving to the hospital. He was driving at a high rate of speed with the siren on and lights flashing. Jian was entering a four-way intersection but because he was so tired he did not realise that he had a red light facing him. Jian drove straight through the intersection and collided with Mary who was proceeding through on a green light. All of the other drivers in the vicinity of the intersection had seen and had heard the ambulance but Mary had not as she was blasting her car stereo and was texting. The impact of the accident caused the ambulance to overturn and caused Mary's car to run off the road and slam into a wall. Mary suffered horrendous injuries. Samuel, another motorist was driving by and when he saw the injuries that Mary suffered he got into a state of emotional distress, lost control of his car and hit another wall. Samuel also suffered serious injuries.
You are required to identify the various torts and all of the torts related issues that arise in this question and discuss them fully. In particular you are required to indicate the persons or persons who can sue for damages, the person or persons who can be sued and the torts which form the basis of this liability.
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